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1997-036-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 14TH DAY OF OCTOBER 1996 RESOLUTION NO. 97 -036 WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of October, 1996, in Resolution No. 96-117, authorize the advertisement for bids for a hay lease on approximately 175 acres of Lake Gibbons property, save and except 3.673 acres leased to the Paris Radio Control Association, which bids were received until 3:00 p.m., Tuesday, November 5, 1996, with no bids being received; and, WHEREAS, such request for bids for a hay lease was re-advertised, which bids were received until 3:00 p.m., Tuesday, April I, 1997; and, WHEREAS, the best bid for such hay lease was made by Buddy Kilpatrick, and he should be awarded the bid for the same; and, WHEREAS, the form ofthe Hay Lease Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of Buddy Kilpatrick for a hay lease on approximately 175 acres of Lake Gibbons property, save and except 3.673 acres leased to the Paris Radio Control Association, in the amount of $1,500.00, be, and the same is hereby, let and accepted; and, BE IT FURTHER RESOLVED, that the form of the Hay Lease Agreement between the City of Paris and Buddy Kilpatrick, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S, Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Hay Lease Agreement with Buddy Kilpatrick upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 14th day of APa ~~ Eric ;: CIiffor, yvf--.-_.. ATTEST: '=~, is\,~,,,,.~~ Mattie Cunningham, City Clerk A~~~'ORM~ HAY LEASE AGREEMENT STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR THIS LEASE AGREEMENT is made this 14th day of April, 1997, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter referred to as LESSOR, and BUDDY KILPATRICK, Box 93, Roxton, Lamar County, Texas, hereinafter referred to as LESSEE, WITNESSETH For and in consideration of the sum of Seven Thousand Five Hundred and no/lOO Dollars ($7,500.00) cash, payable in equal annual installments of $1,500.00 each, the first of which will be due and payable on or before the 1st day of May, 1997, with a like payment being due and payable on or before the 1st day of May of each year thereafter during the term of this Lease, the CITY OF PARIS has bargained and sold, and does by these presents bargain and sell, unto BUDDY KILPATRICK all the grasses and hay now standing and growing, and to be grown, and the right to cut and bale the same upon all that certain tract of land owned by the City of Paris, situated in Lamar County, Texas, and known as the Lake Gibbons property, consisting of approximately 175 acres of land in hay meadows, roughly depicted by the green shaded area on Exhibit A, attached hereto, save and except 3.673 acres described on Exhibit B, attached hereto, Said LESSOR does hereby further grant and sell unto the said LESSEE the right of ingress and egress to and from said property at any time during the period of this lease for the purposes of cutting, mowing, baling, removing, inspecting, improving, or fertilizing such lands. The term of this Lease is for five (5) years, beginning on the 1st day of May, 1997, and ending on the 30th day of April, 2002, H I ': IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: . T T"""....nr........ _1_ _L L1__ _'L__ TT_11 ~__ ...t.._ ""!L__ _en__!_ ..1-_ 3. That all improvements, including fences, made upon the premises by LESSEE, or at his instance or request, shall at once become the property of LESSOR and shall be surrendered to LESSOR upon the termination or expiration of this Lease. 4, That LESSEE agrees to pursue good land management practices with regard to the leased premises. 5. That LESSEE shall be responsible for supplying any and all needed chemicals or other supplies to be used at the leased premises. 6. That LESSEE agrees to remove baled hay from the leased premises within ten (10) working days after such bailing takes place. 7. That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same caused by LESSEE or those under him and will deliver same to LESSOR at the expiration or termination of this Lease in as good condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the expiration of this Lease, peaceably yield up to LESSOR all and singular the premises and all future erections, additions, or repairs to or upon same, in good repair. 8. That it shall be lawful for LESSOR's Director of Parks and Recreation, or his designee, to enter upon the leased premises, and every part thereof, at all times for the purpose of inspecting and examining the condition thereof. 9. That LESSEE agrees to indemnify, save, keep, and hold harmless LESSOR from and against any and all demands, debts, liabilities, suits, claims, and causes of action of every kind and character whatsoever for damage or injuries to persons and/or property occurring on the leased premises resulting from LESSEE, his invitees, agents, servants, or employee's use, and LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees, or visitors due ,~ i' ~ to the improvements located thereon, or hereafter constructed, or any other condition of the '" premises being improperly constructed, maintained, or being or becoming out of repair; LESSEE _ T T"'Il"ll"l.........T'\ L~_____1___ s:____ _11 _1_=__ for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, his invitees, agents, servants, or employees, and shall pay all premiums due thereon when due, It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEE or his insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S,E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Lease, and any extension hereof, and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. It is understood, agreed, and provided that LESSOR shall not be liable or responsible to LESSEE for damages or loss of any kind whatsoever concerning the hay and grasses grown and to be grown on said premises, but the said LESSEE assumes all risks incident to and connected with the same, 10, Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions, stipulations, and/or provisions herein contained, notice thereof shall be given, in writing, to LESSEE by LESSOR's Director of Parks and Recreation, giving LESSEE thirty (30) !~ ~ days to correct such discrepancy, and, in the event such default, failure, or refusal is not corrected " within said thirty (30) day period, then this Lease may be terminated at LESSOR's option, and it 11, That the LESSOR may, at its option, terminate this Lease as to the entire tract, or any part thereof, which may be necessary, in the event the LESSOR desires to use the property, or any portion thereof, for necessary municipal functions" 12, In the event LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of him hereunder during the primary term of this Lease, an option is hereby given and granted to LESSEE to renew and extend this Lease for a period of five (5) years from and after the expiration of this agreement, for and in consideration of the sum of Seven Thousand Five Hundred and no/lOa Dollars ($7,500.00), payable in equal annual installments of $1,500.00 each, the first of which will be due and payable on or before the 1st day of May, 2002, with a like payment being due and payable on or before the 1 st day of May of each year thereafter during the term of said option. Said option may be exercised by Lessee's giving notice in writing of Lessee's intention to renew said lease on or before the 31st day of January, 2002, 13. The terms of this Lease are binding on, and the benefits herein inure to, the heirs, administrators, and executors of LESSEE. EXECUTED on the dates shown in acknowledgments below, CITY OF PARIS, LESSOR By: Eric S, Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: I~ I '~ T. K, Haynes, City Attorney I" LESSEE STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared ERIC S. CLIFFORD, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 15th day of April, 1997, Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared BUDDY KILPATRICK, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of April, 1997. Notary Public, State of Texas ,. i' '~ "t'< -",~'t,- .>~.:" ';'l"";'!''f.~~i.,.:. >/'~~:d;~~, ~;:;,:,- ~'!,;,")~I.\.,..'i.'" .~ t ,.-,~ (\.. :-;.. "',.',' ....I"~ '. '> ~~ ~ o,t.;,' ;:tj.,., ' '';')';'' . -< :, I ! ~ ~ .. ~ "- ~ .. ll.." Ih I I" " , ,. ,.r; 'I 11 ~ ' 'I ,,~ , J.... llJ'- {~ ~ 'I- " II " ,II 'i EXHIBIT A ~, " I:",:: ::,. EXHIBIT B FIELD NOTES (FOR LEASE OF APPROXIMATELY 3.673 ACRES AT LAKE GIBBONS) SITUATED about 6 1/2 miles Wer.t Northwest of the City of Paris, County of Lamar and State of Texas, a part of the N. Matheison Survey and a part of the R. S. Wallace Survey, and being a part of two tracts of land conveyed to the City of Paris by W. P. Brewer and wife, Cora B. Brewer, as described in deed recorded December 23, 1898, in Volume 88, Page 229, Lamar County Deed Records, and being more particularly described as follows: BEGINNING at a point for corner, said point being in the West Boundary Line of the first tract conveyed by Brewer, same being in the West Boundary Line of the Matheison Survey, South a distance of936 feet from the Northwest Corner of the N. Matheison Survey, same being the Northwest Corner of said first tract; THENCE, continuing South with the WBL Matheison Survey, at a distance of l89 feet passing through the SBL of said Matheison Survey, continuing 211 feet into the A. S. Wallace Survey, a total distance of 400 feet, a point; THENCE East 400 feet, a point; THENCE North, at 211 feet crossing into the N. Matheison Survey, a distance of 400 feet, a point; THENCE West a distance of 400 feet to the point of beginning and containing 3.673 acres, more or less, 1.736 acres, more or less, from the Matheison Survey and 1.937 acres, more or less, from the A. S. Wallace Survey. , I I" " ~ ~ ~,l . ,. , h II :: Ii i,' I \'